450+ Lawyers are online 
What is the validity of a hibanama under Muslim law
17-Mar-2023 (In Property Law)
Hi I am muslim woman married for 15 years.my husband is the 3rd sibling.he has two younger brothers and two older sisters. Sisters r married stay apart. We have living together has joint family. My husband did not get along with his immediately younger brother.but still we stayed under one roof. My father in law passed away in 2010 and mother in law in 2013.none of them left a will. My immediate brother in has been asking us to evacuate the house taxas he was the owner through a hibanama.which he says was made by my father in law in 2006/7.recently my youngest brother in law who as previously on my side has joined his voice claiming that the first floor of two floor house was his and ground floor was that of his other brother.they also entered their names in house tax register.What should be our course of action
there is no joint family concept in Muslim personal law so a valid agreement is necessary and for valid agreement (hibanama) should be registered. property cannot be transferred by unregistered hibanama only on natural love and affection when prima facie it seems unfair. however hiba under muslim is governed by muslim personal law instead of Transfer of Property Act. if such hibanama is unregistered then you should challenge its validity because it is invalid. he cannot get possession on the basis of unregistered hibanama.
Helpful?
273+
273+
Adv. Shivendra Pratap Singh
Lucknow | 25+ Answers
CONTACT NOW
What is the meaning of hibanama?
Hiba-naama - English translation
Hide. Persian, Arabic - Noun, Masculine. Gift.
What is meant by Hiba process?
The Muhammadan Law defines a gift or Hiba as a transfer (of a certain amount of) property from one person to another without any exchange, accepted by the recipient or on their behalf. The latter. It is obvious that a gift under Muslim law is called Hiba. 02-Apr-2020
What is an example of a hiba?
Hiba-il-iwaz
Under muslim law, however, there is an exchange system for gifts. Hiba-il iwaz is, for example, when A gives his bungalow to his friend B and B returns the favor by giving his car to A. The second gift that B gives to A is called iwaz, which means return. return. 26-Nov-2020
What is the difference between Hibanama and Hiba?
Gifts in Muslim Law are called Hiba, while a Gift Deed, Habanama. According to personal law, an agreement (Hibanama) that is valid must be registered. Unregistered Hibanama cannot transfer property.
You need to go local municipality office and file mutation suit against this.
Advocate Arvind Kumar Pandey
Raebareli
Contact for more clarification...
Advocate Arvind Kumar Pandey
Raebareli
Contact for more clarification...
Helpful?
69+
69+
Adv. Arvind Kumar Pandey
Raebareli | 25+ Answers
CONTACT NOW
Firstly please understand the difference between 'Memorandum in Support of Oral Hiba' and 'Hibanama'. The memorandum in case or oral Hiba need not be registered and no stamp duty is payable but if the words Hibanama are written on the document then it needs to have 7% stamp duty and it should be duly registered like a normal Gift Deed. If they have unregistered Hibanama then it is of no value.
For further details, about share you need to tell us whether you are Shia or Sunni, because formulas are different for both sects.
For further details, about share you need to tell us whether you are Shia or Sunni, because formulas are different for both sects.
Helpful?
98+
98+
Adv. Prateek Mishra
Lucknow | 100+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
